End culture of impunity: Only way to end extrajudicial killings

 

While it is heartening that government has expressed willingness to hold enquiry into Poonch incident, given the experience, it is difficult to believe that this enquiry will lead to a logical conclusion.

The cold-blooded killing of three civilians by men in uniform in Poonch district last month highlights the grim reality that while the world around Jammu and Kashmir may have changed, little has changed for the local population.

The fact is that the situation in Jammu and Kashmir cannot change as long as the men in uniform are not held accountable and till they enjoy immunity under the Armed Forces Special Powers Act (AFSPA) and other such laws. The special laws continue to give unbridled power and authority to the men in uniform, enabling them to unleash excessive force and commit egregious acts of violence against individuals without any fear or even an inkling of accountability.

It is heartening that, unlike previous incidents, the government has expressed concern about the killing and expressed its willingness to investigate the incident. However, given the experience, it is difficult to believe that these investigations will lead to a logical conclusion.

It is worth noting that 108 magisterial enquiries have been ordered in Kashmir since 2008 following violent incidents in the region. Unfortunately, none of these reports have been made public and not a single army or police officer has been convicted.

Despite various investigations conducted even by the government itself, security personnel are involved in extrajudicial killings and other unlawful killings in Kashmir. Impunity for the army and other agencies has emboldened the armed forces to commit heinous crimes and receive honours, rewards and promotions for it.

The lack of proper accountability mechanisms and the absolute immunity of armed forces personnel have consistently hampered the likelihood of victims receiving free and fair justice.

While the local population is subjected to significant human rights violations, the crackdown by the authorities calling the shots in Jammu and Kashmir has led to a heightened sense of insecurity and fear among the people, especially among the vulnerable communities, be it Muslims, Sikhs or Hindus.

Collective punishment is used by the government as a political tool to target politicians, civil society activists and human rights defenders and their families. This colonial-era tactic is now being used to punish journalists and government employees and to harass and frighten the families of those who dare to speak out against the riots.

The death of three civilians in Poonch has refreshed the painful memories of previous incidents. It has once again highlighted the demand for an end to the blanket immunity under which the military and paramilitary forces operate in the region.

Although officers can be prosecuted for such offences under Section 302 of the Indian Penal Code (IPC), the government has never indicated its intention to hold them accountable.

It is high time for New Delhi to “walk the talk” and lead by example to end human rights violations.

The AFSPA is one of the infamous laws that authorise the security forces in the state of Jammu and Kashmir to use force to arrest or detain a person without informing the detainee of the reasons for his arrest. The Act also grants immunity to security forces from civilian prosecution for offences committed in the region under the AFSPA. The misuse of the AFSPA and other stringent laws has led to massive human rights violations in J&K, yet successive governments in New Delhi have maintained a reprehensible silence on the matter.

The demand for the repeal of AFSPA has sparked a serious debate in recent years and has also attracted a lot of attention from academia within and outside Kashmir. Besides, Kashmir Valley political leaders, civil society activists, writers and especially left-leaning politicians have repeatedly expressed concern over the misuse of AFSPA and other laws that gave sweeping powers to men in uniform.

The reality on the ground shows that these laws have neither served India’s cause in Kashmir nor its national interests. A cursory look at the recent developments in the region confirms the widely held view that the use and misuse of these lawless laws by the military has further fuelled the sense of anger and alienation among the Kashmiri people.

Conducting investigations and announcing compensation for the affected families may help the government appease the victims and public anger. But the cycle of killings will continue until the perpetrators involved in the killings of civilians in Poonch and other similar incidents are brought to justice and the draconian laws under which army personnel enjoy impunity are abolished.

If the government is sincere, it should set up a high-powered mission to fully investigate the extrajudicial and custodial killings that have taken place on and before December 23, 2023.

The people of J&K have suffered terribly from such acts of impunity for a long time so it is high time the political and military establishment should realize the bitter reality that their sledgehammer policy towards Kashmir has brought nothing but unending miseries to the common people in Jammu and Kashmir

There is also a dire need that all the stakeholders to this dispute must rethink and revisit their policies and approach towards Kashmir, demonstrate magnanimity and come forward in a positive state of mind to lay-down a solid foundation for the resolution of this conflict.

Jammu and Kashmir is a political issue that needs to be settled using the universally accepted political mechanisms. This is something that needs to be realized at the highest level. Sooner the better.

Human Rights: Accountability Mechanisms Need To Be Strengthened

While rights regime lacks authority to make violators accountable, world powers have weaponized human rights regime to achieve political goals.

“Despite its international commitments to respect and protect basic human rights, the Indian state has stifled dissenting voices, curtailed media freedom, and criminalized independent journalism, particularly in Jammu and Kashmir.”

A Kashmiri child peeps out of a window. Source: Kashmir Global, Creative Commons

Recently the UN Secretary-General resorted to the rare diplomatic tool, Article 99 of the UN Charter, to draw the Security Council’s attention to the aggravated human rights situation in the Gaza territory of Palestine, emphasizing the urgent need for accountability. As we approach International Human Rights Day on December 10th, it is essential to reflect on the state of human rights enforcement and the accountability of states globally.

The day is dedicated to reaffirming our commitment to promoting respect for the rights and freedoms enshrined in the Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948. Over the years, the UDHR has paved the way for more than seventy human rights treaties, conventions, and protocols, including the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR).

This year’s celebration of the Universal Declaration of Human Rights emphasizes “Consolidating and Sustaining Human Rights Culture into the Future.” It serves as a reminder of our collective responsibility to support and safeguard human rights at all levels of society.

These documents not only acknowledge fundamental rights but also recognize all peoples’ right to self-determination, the right to determine their political status, and pursue their economic, social, and cultural goals.

By ratifying these covenants, an overwhelming majority of UN member states have committed to advocating for and adhering to human rights and freedoms for all individuals. The Universal Periodic Review (UPR) and the Complaint Procedure (CP) are mechanisms that assess and examine the human rights records of all UN members, ensuring the protection of people’s rights and freedoms.

Furthermore, the Human Rights Council (HRC) has been actively coordinating efforts to protect and promote human rights through education and awareness campaigns on human rights issues, raising global awareness about the existing human rights regime.

This year’s celebration of the Universal Declaration of Human Rights emphasizes “Consolidating and Sustaining Human Rights Culture into the Future.” It serves as a reminder of our collective responsibility to support and safeguard human rights at all levels of society.

While education and awareness play a critical role in fostering a rights-respecting society, they alone are insufficient to achieve the objectives outlined in these agreements. Establishing a solid human rights culture, where respect for human rights takes precedence over all else, requires holding human rights violators accountable for their actions.

Regrettably, there is currently no effective means or mechanisms in place to ensure that those who violate human rights are held responsible. In South Asia, India bears a significant responsibility for upholding human rights due to its size and claim to being the largest democracy. However, despite its international commitments to respect and protect basic human rights, the Indian state has stifled dissenting voices, curtailed media freedom, and criminalized independent journalism, particularly in Jammu and Kashmir

The suppression of human rights activists, persecution of civil society, and undue restrictions on people’s rights to movement and freedom of speech have become commonplace. India, while boasting of its democratic and secular credentials on the global stage, unfortunately, has an alarming human rights track record.

Gaza residents inspect the ruins of an apartment destroyed by Israeli airstrikes. (Photo: Palestinian News & Information Agency (Wafa))

In Kashmir, every article and provision of the UDHR is being violated without any accountability or fear of international repercussions. To date, the international human rights regime lacks the authority to hold violators accountable, while powerful nations have weaponized it to advance their political and strategic interests.

It is imperative that influential governments acknowledge that lasting global peace is intrinsically tied to resolving age-old conflicts and recognizing the universally accepted principle of the right to self-determination. A sustained human rights culture cannot thrive in a vacuum. Selective justice, uneven law enforcement, and violations of citizens’ rights sow anarchy, lawlessness, instability, and political disorder.

To effectively implement international law and enforce the rights regime, we must:

a) Strengthen the UN system,

b) Enhance the teeth of existing UN mechanisms and instruments to hold powerful actors accountable,

c) Establish robust and unwavering accountability at the highest levels,

d) Coordinate efforts for peace building and mobilize political will to resolve long-standing conflicts that fuel rights violations,

e) Ensure effective monitoring and comprehensive documentation of human rights violations and abuses, whether committed by individuals, groups, or states.

The world must recognize that human rights are not a luxury but an essential foundation for peace, stability, and justice. On this International Human Rights Day, let us pledge to uphold the principles of the Universal Declaration of Human Rights and work tirelessly to establish effective accountability mechanisms that will ensure a better world for all.

Article 370 Judgement: Another Step In The Wrong Direction

It is high time for all parties involved to enter into a constructive, meaningful and result-oriented dialogue in order to find a solution that is acceptable to all parties for the benefit of the people in the region

Altaf Hussain Wani*

A five-judge bench of the Indian Supreme Court, headed by Chief Justice D Y Chandrachud, has finally delivered the much-awaited judgement after hearing a series of petitions challenging the government’s power to abrogate Article 370 of the Indian Constitution. It has taken almost four long years for the Supreme Court to fix a date for the hearing in this high-profile case and only 16 days to conclude the debate on the matter. The court was expected to largely address the key concerns and controversies surrounding the J&K Reorganisation Act, which led to the revocation of special status and division of Jammu and Kashmir – a region whose dispute is still pending at the United Nations.

It was indeed a great opportunity for the Supreme Court to think out of the box, enhance its stature as the court of last resort and hear the case on merits, thus addressing the legitimate concerns of the petitioners. Instead of delving into the intricate details of the case, which involved serious violations of constitutional and legal obligations, the ruthless suppression of the people’s political and human rights, fraud and deceit, and the distortion and misinterpretation of historical facts, the five-judge constitutional bench reached a verdict that not only upheld the authoritarian regime’s key decisions but also exonerated it of all the responsibilities, wrongdoings and injustices it had committed against the people of the state on 5 August 2019.

The judgement looks like a carbon copy of the J&K Reorganisation Act. For many years, the BJP has been presenting the abolition of Article 370 as a panacea for all problems related to the Kashmir issue. The ruling party has every reason to celebrate the judgement as it fits well into the grand scheme it has for Kashmir in the future.

However, notwithstanding the overwhelming euphoria in New Delhi, the Supreme Court judgement is yet another betrayal and a breach of the promises made to the people of Kashmir in 1947 and thereafter from the Delhi Accord of 1950 to the 1975 Accord between Indira Gandhi and Sheikh Abdullah, and even to the recent times when the agenda of governance was mapped out in 2014 with the PDP forming a coalition government in Jammu and Kashmir.

Article 370 was included as a special clause in the Indian Constitution, guaranteeing autonomous status and other privileges to the people of the state of J&K.

While the process of erosion of Kashmiri identity began in the 1950s, Article 370 remained a fig leaf for the so-called mainstream parties vouching for the state’s accession to India. For them, this judgement was a big disappointment.

Authoritarian measures are counterproductive

For the Hurriyat and the groups ideologically close to it, the judgement carries no weight as they keep emphasising that the reinstatement of the article is not their problem. Their politics revolves around the resolution of the Kashmir issue and they believe that no act of the Indian Parliament or court judgement has any bearing on it.

The judgement may not affect their politics, but it has posed many challenges to the major political parties who had pinned high hopes on the Supreme Court. How will they cope with this new challenge? Will they accept it as a fait accompli or try to achieve something else under the framework of the law? This may turn out to be the case shortly, but it would be a Herculean task for them to convince their voters and supporters in the future.

History has proven that the government’s policy of forcing its decisions on people has always proved to be counterproductive. While all other avenues to vent dissent have been exhausted, many have pinned their hopes on the judiciary. But with the judiciary fully supporting the government’s decision, it looks as if this last strength has also been lost.

Such an authoritarian approach, which goes against the established principles of norms and justice, may help the present Indian government strengthen its control over the area, but it will in no way help it to bridge the widening gap between Srinagar and New Delhi.

A wise and judicious verdict by the Indian judiciary could have helped provide respite to the bewildered masses in Kashmir and restore confidence in the state institutions, but the honourable judges seem to have preferred to satisfy the collective conscience of the supporters of the present government.

As far as the judgement is concerned, the court most frequently referred to the Instrument of Accession and relied mainly on it in making the counter-argument that Parliament has every right to legislate in matters relating to Kashmir. But in fact, the Instrument of Accession signed by the Maharaja in extraordinary circumstances gave the Indian Parliament the power to legislate for J&K only in three areas: Defence, Foreign Affairs and Communications.

Secondly, legal experts are of the view that Article 370 is a constitutional recognition of the terms and conditions mentioned in the IoA and reflects the treaty rights and obligations of the two parties – the Indian Union and Jammu and Kashmir.

More importantly, a detailed letter from the Maharaja to Lord Mountbatten in which he wrote about the circumstances that compelled him to sign the accession document – Mountbatten responded by saying, “It is the wish of my Government that as soon as law and order is restored in Kashmir and the soil cleared of the ‘invaders’, the question of the accession of the State should be settled by a consultation of the people.”

Against the spirits and promises

The experienced legal and constitutional expert A G Noorani referred to the said letter and stated that the accession is not permanent and irrevocable.

Looking at the other aspects of the Supreme Court’s decision, the judgement goes against the spirit of all promises made to Kashmir and its leaders.

At the international level, Pakistan and China have refused to recognise the validity of the ruling, stating that it does not change the nature of the conflict or the realities on the ground. China, which has emerged as another actor in the recent past, stated that the court judgement does not change the fact that the western part of the Sino-Indian border has always belonged to China.

The judgement has undoubtedly added another layer of complexity to an already complicated issue, but it cannot help either party to the dispute to run away from the reality, which is that the people of Jammu and Kashmir are the final arbiters of their destiny, which must be decided independently and without coercion and interference.

It is high time that all stakeholders engage in a constructive, meaningful and result-oriented dialogue to find a solution acceptable to all parties. The sooner they do so, the better for the people of the entire region.

Had this issue been resolved, South Asia would have moved forward and benefited a lot from mutual cooperation. It is time for Prime Minister Narendra Modi’s government to rethink and revise its policies, accept the reality, move forward with a positive mindset and address the root causes of the unrest in the region.

Rising Hindutva Ideology and its impacts on Kashmir

By Altaf Hussain Wani

Chairman Kashmir Institute of International Relations (KIIR)

In the last decade and a half, India as a nation has undergone a radical change that on one hand has led to a complete transformation of the Indian society while on the other it has drastically changed the dynamics of domestic politics as well as the country’s foreign policy. The country, once hailed in the outer-world for its ‘democratic and secular ethos’, has now completely transformed into a brutal authoritarian state where there is no place for religious minorities and religious dissent. The menace of religious extremism, discrimination, jingoism, reckless violence and persecution of minorities that continue to plague the Indian society, today, is basically fuelled by the propagation of the toxic ideology called HINDUTVA.

Since the Bharatiya Janata Party (BJP) took reins of power in India in 2014, the country has witnessed a significant rise in the Hindu Nationalism that seeks to establish Hindu supremacy through the establishment of Hindu Rashtra (Hindu state) in line with Hindutva ideology, propounded by Vinayak Damodar Savarkar.

 Savarkar, a diehard believer in Casteism, Racism and Imperialism, perceived Muslims and people who believed in other religions as people of another kind, the ones who according to him don’t respect Hindu culture. This binary classification of “we” and “they” is the core thought that lies behind the Savarkar’s communal ideology – which became the basis for exclusion of the Indian Muslims and Christians who despite living in the country since ages are still treated as anti-Indian and anti-national.

 The Rashtriya Swayamsevak Sangh (RSS) founding leader M. D Golwalkar had shared a similar viewpoint regarding the minority communities living in India. Questioning their loyalty viz-a-viz the Indian state Golwalkar in his book (We or Our Nationhood Defined) had practically excluded the Indian Muslims, Christians and Communists from the state of India. Terming them as a pertinent threat to Indian society the RSS co-founder believed that these communities within the country pose a far greater threat to national security than the aggressors from outside. It is basically this communal mindset and right-wingers’ quest for a Hindu Daish that had provided the ideological ground for Hindu Nationalism and Hindu ultras to flourish in the India society.

 Rise of Hindu Nationalism in India

Though the rise of Hindu Nationalism in India dates back to 19^th century but it fell silent after the tragic assassination of M. K Gandhi at the hands of Nathu Ram Godse - a die-hard RSS activist. However, with declining power of the ‘so-called secular’ forces in the Indian, it emerged from years’ long hibernation and re-surfaced on the horizon in the mid 1980s and has risen powerfully to become the mainstream ideology since Narender Modi-a life-long member of the RSS and a committed Parchark (follower) of Hindutva who assumed the charge as the first prime minister of India way back in 2014.

 The blind pursuit of Hindu nationalist ideology over the years has changed the India’s political landscape and vocabulary so much and so that Savarkar, who was held by Sardar Vallabhbhai Patel³ directly responsible for the murder of M K Gandhi, today shares national eminence with leaders of independence movement; In Modi’s India, the killers of Gandhi are revered as national heroes and their garlanded portraits lay hanging on walls in important buildings and offices of the BJP.

 RSS’s role in spreading the Hindutva ideology

The philosophy advocated by Savarkar is deemed by Hindu nationalists as sacrosanct. His concept of Hindutva, which later on became a major tenet of Hindu nationalist ideology, is being pursued by the far-right groups in India as a doctrine to turn India into a Hindu Rashtra. After his death in 1966, his communal legacy was religiously upheld by the RSS, which laid the foundation of the modern-era Hindutva movement.

 Founded on September 27, 1925, at Nagpur in India, the RSS with over seven million registered members is considered as the main flag bearer of Hindutva Ideology. It has played a crucial role in shaping the behavior of Hindu masses in line with the Savarkar and Golwalkar’s ideology, despite the fact that the organisation was banned four times since its inception.

 Although, there are a number of far-right-wing groups including Vishwa Hindu Parishad (VHP), Shiv Sena, the Bharatiya Janata Party (BJP), Bajrang Dal that ascribe themselves to Savarkar’s ideology. But the fact remains that the RSS- a progenitor of a large body of organisations called Sangh Parivar- is the most influential amongst all the groups that holds greater sway in the BJP government’s policy making decisions.

 The invisible nexus between RSS and BJP

 The Bharatiya Janata Party (BJP) which is the political face of Hindu fundamentalists in India, has enjoyed deep ideological association with ultra-right-wing Hindu organization the Rashtriya Swayamsevak Sangh. Though both the organisations operate within their own established frameworks, their relationship is that of the soul and the body. It is this invisible nexus between the two and vastly spread network of communal forces across India that had led to the powerful rise of Hinduism as the mainstream ideology in Indian society. 

 A cursory look into the electoral history of India shows that the RSS has always been in the forefront of every election. It has been overtly and covertly supporting the Hindutva parties. In BJP’s electoral resurgence and ascendence to power the RSS had played a big role in mobilizing the masses in support of its ideological offshoot in 2014 and 2019. As a result, Modi was elected prime minister for the second time.

 RSS’s influence on government

RSS’ influence on the BJP could be gauged by the fact that most of the ministers in the Modi cabinet had their political consciousness shaped by the RSS and its affiliates.

Most chief ministers, governors, and civil appointees, including the president of India were recommended by the RSS.

 Above all three men holding the top portfolios in the government including the Prime Minister, Home Minister, Defense Minister share a common background. The PM Narendar Modi a committed RSS Parcharak who had spent his formative years as a full-time volunteer in the RSS still idealizes Savarkar and glorifies the role of the Sangh Parivar. The Indian Home Minister Amit Shah has also been a staunch member of the organisation. Defense Minister Rajnath Singh, who was once an RSS official and went on to lead the BJP, is now pushing for a nationwide ban on cow slaughter.

 The RSS officials who are now holding key positions in the government hold sway in the decision-making process. A commonly held perception in India is that the BJP disposes what the RSS proposes.

 Institutionalization of Hindutva

So far as the question of Institutionalization of Hindutva is concerned the credit for this goes to Bharatiya Janata Party, which represents the political face of Hindu fundamentalists in India. The regime heavily dominated by the far-right wingers is solely responsible for the institutionalization of this toxic ideology and bringing it to the centre of politics just to invoke religious sentiments to suit its changing political interests.

 Hindu nationalism and territorial expansionism

The potential impact of Hindu nationalism does not end at India’s borders.  Many Hindu nationalists including the BJP firmly believe that Nepal, Bhutan, Afghanistan, Pakistan, and Bangladesh as part and parcel of what they call as Akhand-Baharat (Greater India). This extremist thinking that has virtually wiped out the Gandhian philosophy of non-violence underlines the major contours of the far right-wing groups’ aggressive and expansionists political designs in the region and beyond.

 

Hindutva and its devastating impacts on Kashmir

Unfortunately, the disputed territory of Jammu and Kashmir has not been an exception to this expansionist mindset and territorial expansionism being pursued by the BJP government as an official policy.

 

Amid the rising trend of Hindu nationalism, the BJP government remorselessly continued to capitalizing on anti-Muslim sentiment to further its vicious agenda aimed at subjugating the Kashmiri masses.

 

Historically, Kashmir has always been on target list of the RSS; the special status enjoyed by the State of Jammu and Kashmir under the article 370 of the Indian constitution has been a greatest eyesore for the RSS, VHP, BJP and other Hindu-supremacist groups who believed in 'Ek desh, ek vidhan, ek pradhan, ek nishan' (one nation, one constitution, one PM, one Flag).

 

It is pertinent to recall here that under section 370 of the Indian constitution the disputed territory was granted the right to have its own flag, a separate legislature and its own constitution along with a prime minister whose permission was mandatory for outsiders (non-state-subjects) who wished to visit the state.

 

Shyama Prasad Mukherjee, the founder of Bharatiya Jana Sangh, who also served as Cabinet Minister between 1951 and 1952, has been one of the strongest opponents of Section 370. He looked at it as a deterrent for cultural unification of the country. In the early 50s the Jana Sangh along with Hindu Mahasabha and Jammu Praja Parishad launched a massive campaign to get the provisions removed.

 

In 1953, Mukherjee during his visit to Kashmir was arrested on 11 May at Lakhanpur while crossing the border into Kashmir illegally. Mukherjee wanted to go to Jammu and Kashmir but, because of the prevailing permit system, he was not given the permission. He observed a hunger strike to protest the law that prohibited Indian citizens from entering the state without permission and Iidentity cards. He died as a detainee on 23 June 1953 under mysterious circumstances. Dr. Shyama Prasad Mukherjee is hailed by the Hindu ultras as a symbol of patriotism, who they believe had sacrificed his life to make Kashmir “integral part of India”. On 5 August 2019, when the Government of India proposed a constitutional Amendment to repeal Article 370, many Indian newspapers described the event as realization of Syama Prasad Mukherjee's dream.

 

These groups, as said, have vehemently opposed the idea of granting any special position to Jammu and Kashmir and demanded full integration of the state in the Indian union. Even nominal retention of the Article was not acceptable to them. The BJP leadership not only opposed it publicly but also termed the induction of Article 370 in Indian constitution as Nehru’s blunder as they believed that the constitutional provision was the main obstacle in the complete merger of disputed territory into Indian Union. It is with this intention and mindset that the BJP had incorporated abrogation of the Article as part of its party manifesto for the 2014 general elections.

 

Forced integration of Kashmir

The Hindutva mindset, which led to the tragic assassination of Gandhi in 1948, demolition of Babri Masjid at Ayodhya in 1996 and bloody massacre of Muslims in Gujrat in 2002, has since long been main driving force behind the BJP’s long-cherished dream of colonizing Kashmir.

 

It is this toxic ideology that had led to the forced integration of Kashmir on 5^th august 2019- the darkest year in Kashmir’s history in which Kashmiris witnessed an ugly face of India’s neo- colonialism and its consequences that have manifested on the ground in many striking ways.

  

The year saw the loss of Kashmir’s special status, dissolution of the state into two union territories under the so-called Jammu and Kashmir Reorganization Act, which is censored by Kashmiris as a colonial act that has virtually robbed Kashmiris of their distinctive identity.

 

Not taking into account the constitutional, legal and above all the international aspects of Kashmir dispute, the unilateral decision to strip the region of its semi-autonomous status was implemented and executed in a medieval fashion by the authoritarian regime led by Narendar Modi. Before embarking on its colonial project, the Modi government, in a brazen violation of the international law, subjected the Jammu and Kashmir State and its entire population under severe military lockdown. People were virtually caged in their houses; Political leadership of all sorts was either arrested or detained in their own homes, members of civil society, intellectuals, lawyers, academicians even youth were taken into custody to ensure a grave-yard silence in the region, all means of communication were cut and a complete media shut-down was enforced to avoid the possible backlash from Kashmiris.

All these steps/actions were taken to pave a way for, the implementation of the RSS’s nefarious agenda aimed at demolishing the distinctive identity of the people of Jammu and Kashmir, forcing local population to drive out of the state, altering the disputed status of the territory and facilitating Hindu influx in the disputed state to;

a)     Settle Hindu nationalists and investors in the state

b)     Increase the population of Hindus to ensure demographic change in the region

c)      Make Muslims dependent on the Hindu businessmen

d)     Relegate them to the status of second citizens.

 

The change in the status of the disputed territory of Jammu and Kashmir marks yet another manifestation of the BJP Government’s Hindutva ideology that seeks to forever change the political nature of the Kashmir dispute through demographic changes, political manoeuvrings, administrative machinations, taking advantage of state resources and denying its people the right to self-determination promised to them by the international community.

 

Systematic Persecution of Kashmiris

 

What the people of Kashmir have been facing since 5^th August 2019 is unprecedented;

The BJP and RSS leaders’ wish of Hindu Rashtra has left no facet of life unaffected in Kashmir. Caging people en-masse in their houses, arbitrary arrests and imprisonment of political activists and leaders, ruthless suppression of dissent, inhuman siege and information blockade, suspension of essential fundamental freedoms, propagation of violence, incitement of religious hatred, demographic rebranding of the disputed territory and marginalization of dominant Muslim populace through redrawing of electoral maps are the obvious manifestations of Hindutva Brigade’s colonial mentality that pose a serious existential threat to Kashmiris.

Apart from this, communal violence, persecution of Kashmiris, bloodshed, killing of youth, political violence and the policy of land grab- a hallmark of the Modi led fascist government, points to a systematic genocide that has been going on unabated in the region.

What has been going on in the besieged valley since 5^th of August? And how this Hindutva onslaught had affected the lives of common Kashmiris?  A biannual report produced by Association of Parents of Disappeared Persons (APDP) and Jammu Kashmir Coalition of Civil Society (JKCCS) takes the lid off the caldron of crimes the Indian state have committed against the Kashmiris during this period of utmost chaos and confusion.

The report while giving the harrowing account of tragic incidents of state sponsored violence said that since 5^th August 219 the people of the disputed territory have witnessed widespread death and destruction and abuse of human rights violations at the hands of occupied authorities. Summarizing the situation, the report reveals that from January 1 to June 30 2020, at least 107 Cordon and Search Operations (CASOs) and Cordon and Destroy Operations (CADO’s) were conducted in J&K which have resulted in the killing of 143 resistance fighters. The report said that during the CASOs and encounters, vandalism and destruction of civilian properties was reported.

In the first six months of 2020, the report said that the media continued to be at the receiving end of the pressure, intimidation and harassment by the occupation authorities, with several incidents of beating and thrashing of journalists. Besides physical assaults, many Kashmiri journalists were also booked under stringent charges and cases were filed against them under UAPA.

Regarding Indian government’s bid to curb social media, it said that 55 instances of internet blockades were recorded from January 1 to June 30 2020. Referring to digital rights group Access Now, the report said that the internet blackout in Kashmir which started in August 2019 was among the world's longest internet shutdowns implemented.

During these days of turmoil, the report further pointed out that destruction of civilian properties by armed forces personnel saw an uptick after the COVID-19 lockdown enforced by the Indian government, rendering many families homeless and without shelter.

Referring to the black laws enforced in the region it said that along with other punitive laws the draconian Unlawful Activities (Prevention) Act (UAPA) was excessively used by the Indian state to curb dissent and opposing views.

 

Social, cultural and religious onslaught against Kashmiris

The ongoing social, cultural and religious onslaught against Kashmiris is one of the terrific aspects of the toxic Hindutva ideology.

 

The Modi led fascist regime is hell bent on dismantling each and everything that symbolizes the Kashmir and Kashmiris’ distinctive identity, their history and culture.

For instance, Urdu is no longer the sole official language of the region (J&K)

Since URDU is considered as the language of Muslims in the subcontinent the Modi government moved a special bill in the parliament to incorporate four other languages in the list of official languages just to appease the Hindu nationalists. Thus, bringing an end to Urdu’s 131-year reign as an official language of Kashmir. The other four languages, which were included in the list are Hindi, Dogri, English and Kashmiri.

 

Changing names of important buildings, roads and historical sites

In a bid to appease the right wingers, the BJP government has started a campaign to change the names of important buildings, roads and historical sites. For example

Public Health Engineering, Irrigation and Flood Control Department has been renamed as Jal Shakti Department, Chenani-Nashri Tunnel was renamed as Syama Prasad Mookerjee Tunnel, a Hindu Ideologue, Oriental Research Library (Hazratbal), the City Centre Library (Karan Nagar) and the District Library Srinagar (Habba Kadal) were amalgamated with the S.P.S. Library (Siri Partab Singh was an autocrati 

Along with this there is a long list of important places, which the BJP leadership has planned to name after Sardar Valabhai Patel and some other BJP, RSS founders.

 

Saffronisation & reshaping the IoK’s religious landscape

The BJP leaders’ next target in Kashmir is to rewrite Kashmir history to suit Hindutva Ideology and government’s desire to replace the Perso-Arabic script of the Kashmiri language with Devanagari is deemed as first step towards

The most alarming aspect of this religious nationalism is SAFFRONISATION of Jammu and Kashmir by the BJP that has been well underway since 2014.

 

The BJP government has chalked out a comprehensive plan to build over 50,000 temples in the Kashmir valley. The building of temples in the valley at such a magnitude and identification of new sites for Hindu pilgrims are seen in the context of the BJP’s expansionistic designs to change the region’s Muslim identity. A huge chunk of money (Rs.84 crore) has already been earmarked by the government for the purpose. The vicious plan is bound to trigger communal hatred in the region, leading to the destruction of several mosques in the area under the connivance of Delhi.

 

According to government sources only 438 temples have existed in the Valley, out of which “only 208 were damaged over the years”.  Hence, the construction of 50 thousand temples in the occupied-Valley makes no sense at all.

 

It seems a well thought out plan to reshape the religious landscape of the area. And any such exercise is bound to trigger communal violence that would further vitiate the interfaith harmony in the region.

 

In another direct assault on the Muslim culture and way of living, the occupation authorities in Jammu and Kashmir under the directives of the BJP government have recently decided to popularize liquor and gambling in J&K and decided to open 200 such shops in different areas. Out of these, 67 shops would be opened in the Valley.

 

Renaming every landmark in Jammu and Kashmir, removing all signs of Islamic and Muslim identity and changing language and culture is a deliberate attempt to calibrate new ground realities in the occupied Jammu and Kashmir. It is a deliberate dangerous attempt to de-link/disassociate the Kashmiri masses with their ethos, history and culture. And a deliberate attempt of Indianization of the occupied Jammu and Kashmir.

 

It may be recalled here that the blatant usurpation of Kashmiris’ fundamental rights by India and its attempts to change their demography constitute a serious violation of international law and the UN resolutions that strictly prohibit India from changing the status of Jammu and Kashmir unilaterally.

 

Rising trends of xenophobia and Islamophobia

The rise of Hindutva is seen as a biggest existential threat to majority community (Muslims) in the occupied Kashmir who have been reeling under the yoke of Indian imperialism.

Since the communal violence in India has increased to alarming levels during the BJP rule. The rising trends of xenophobia and Islamophobia within the Indian society had cast a dark shadow on Kashmir and the Kashmiris who continued to suffer at home and beyond. Many Kashmiri students studying in colleges and universities in different parts of India have been attacked, harassed and humiliated by Hindu extremists who consider Kashmiris as terrorists. The Kashmiri students were threatened by right-wing groups and forced to vacate and leave their studies half-way. Moreover, the Kashmiri business men, traders, especially truck drivers and labourers working in India had to face the wrath of the ever-growing jingoism. An 18-year Kashmiri boy, Basit Khan’s cold-blooded murder in Jaipuri last year (2020) was the chilling reminder of the growing prejudice and hatred against the Kashmiris. Recently, a 24-year-old boy from Muradpur area of Rajouri who was lynched to death by Hindu goons while he was taking a buffalo to his home is yet another example of growing anti-Muslim sentiment within the rank and file of Hindu nationalists’ organizations.

The kind of heinous attacks on Kashmiris in several states of India had brought into question the Government's ability to prevent religious violence. It was widely reported that the law and enforcement agencies did little to stop the violence promptly, and at times even encouraged or assisted Hindus involved in the riots. Despite substantial evidentiary material, no Hindus have been charged for the violence.

The government’s reluctance to rein in the extremist forces speaks volumes about its tacit endorsement of violent strategies against Muslims. The BJP as said has pursued a series of policies promoting the Hindu chauvinist ideology, which fosters the exclusion of the Muslims who have been historically perceived as a threat to India sovereignty. Likewise, the same sentiment is being used by the BJP to portray the Kashmiris as a threat to India’s territorial integrity.  

Conclusion: The assimilation of Kashmir, marginalization and annihilation of Kashmir’s native population through settler colonialism and the BJP government’s muscular approach to conquer Kashmiris are the dangerous manifestations of Hindutva nationalism that seeks to forever change the political nature of the Kashmir dispute has been a serious existential threat to Kashmiris who continue to reel under the yoke of Indian imperialism.